Claimant v Yellow Rose Healthcare Limited
Outcome
Individual claims
The tribunal found the claimant was dismissed in breach of contract in respect of notice. The respondent failed to present a valid response on time, and the claim was determined under rule 21.
The respondent failed to provide a written statement of particulars as required by section 38 Employment Act 2002. The tribunal awarded 2 weeks' pay as there was nothing to render it just and equitable to increase the award.
Facts
The claimant brought claims against Yellow Rose Healthcare Limited for breach of contract in respect of notice pay and failure to provide written statement of particulars. The claim was filed on 16 September 2024 in Bristol. The respondent failed to present a valid response on time, and the Employment Judge determined the claim on the papers under rule 21/22 of the Employment Tribunals Rules of Procedure.
Decision
The tribunal found in favour of the claimant on both claims. The respondent was ordered to pay £516 in damages for wrongful dismissal (one week's notice pay) and £1,032 (two weeks' pay) under section 38 of the Employment Act 2002 for failure to provide written particulars. The total award was £1,548.
Practical note
When respondents fail to engage with tribunal proceedings and enter a response, claimants can obtain default judgments under rule 21, though awards under section 38 Employment Act 2002 require consideration of the just and equitable test.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 1401282/2025
- Decision date
- 28 April 2025
- Hearing type
- rule 21
- Hearing days
- —
- Classification
- default
Respondent
- Sector
- healthcare
- Represented
- No
Employment details
Claimant representation
- Represented
- No